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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STATE FARM MUTUAL AUTOMOBILE : CIVIL ACTION

INSURANCE CO. et al., : NO. 05-5368

:

Plaintiffs, :

:

v. :

:

:

ARNOLD LINCOW et al., :

:

Defendants. :

O R D E R

AND NOW, this 4th day of February, 2008, for the

reasons stated on the record at the February 4, 2008 hearing, it

is hereby ORDERED that Plaintiffs’ motion to compel tax

authorizations (doc. no. 363) is GRANTED.

IT IS FURTHER ORDERED that Plaintiffs’ motion to strike

Defendants’ objections to the tenth document request (doc. no.

366) is GRANTED in part and DENIED in part. The motion is

granted to the extent that Defendants shall serve on Plaintiffs

an amended verified statement, substituting the language “records

in possession of” with “records in possession, custody, or

control of.” The motion is otherwise denied.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

answers to supplemental interrogatories and document requests

(doc. no. 367) is GRANTED in part and DENIED in part. The motion

is granted in that Plaintiffs are permitted to request documents

from and depose Murray Levin, D.O. only to the extent that the

scope of such document requests and deposition questions is
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limited to the documents relied on by Levin in preparing the May

18, 2007 verified statement. The motion is otherwise denied.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

responses to document requests (doc. no. 368) is DENIED as moot.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

answers to interrogatories (doc. no. 382) is GRANTED as

unopposed. Defendant Seymour Hirsh shall respond to Plaintiffs’

second set of interrogatories by February 14, 2008.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

medical records and related discovery (doc. no. 384) is DENIED as

to the request for the patient records of Nicholas Rosmondo. The

motion is otherwise DENIED without prejudice. If at trial there

is any suggestion by Defendants that Defendant Arnold Lincow,

D.O.’s failure to remember certain information was due to a

medication that he was taking, the proceedings will be

immediately adjourned and Plaintiffs will be permitted to raise

at that time the issues raised in this motion.

IT IS FURTHER ORDERED that Plaintiffs’ letter request

for payment of copying costs is taken under advisement and shall

be addressed at the conclusion of the case.

IT IS FURTHER ORDERED that Plaintiffs’ motion for leave

to conduct additional discovery of 77 Ogontz (doc. no. 379) is

GRANTED in part and DENIED in part. The motion is granted in

that Plaintiffs are granted leave to take the deposition of

Robert Gurvich. The deposition shall be taken at a date and
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location convenient to Gurvich and shall not exceed one hour in

length. The motion is otherwise denied.

IT IS FURTHER ORDERED that Plaintiffs’ motion for

reconsideration of the Court’s October 25, 2007 Order (doc. no.

355) is DENIED.

IT IS FURTHER ORDERED that Defendants’ motion to compel

and for sanctions against Plaintiffs (doc. no. 378) is GRANTED in

part and DENIED in part. The motion is granted as to the request

for answers to interrogatories in connection with Gregory

Mulford, M.D. The motion is denied as moot as to the verified

statement of Karen Radcliffe. The motion is denied without

prejudice as to the request for sanctions. Plaintiffs shall

provide Defendants hard copies of the documents discussed during

the February 4, 2008 hearing by February 14, 2008. Defendants

shall pay the cost of generating the copies.

IT IS FURTHER ORDERED that Plaintiffs’ motion for

sanctions and to dismiss Defendants’ counterclaims (doc. no. 336)

is DENIED without prejudice. Counsel for Plaintiffs shall review

the October 24, 2007 hearing transcript and advise the Court of

their intent to refile this motion by February 14, 2008.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

a response to interrogatory #5 and for sanctions (doc. no. 361)

is GRANTED in part and DENIED in part. The motion is granted in

that Defendants shall provide a response to Plaintiffs as

directed by the Court during the February 4, 2008 hearing by
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February 14, 2008. The motion is otherwise denied.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

Dr. Martin Weaver to produce documents and for sanctions (doc.

no. 372) is DENIED without prejudice.

IT IS FURTHER ORDERED that Plaintiffs’ motion to compel

verifications of discovery requests and for sanctions (doc. no.

362) is taken under advisement.

IT IS FURTHER ORDERED that Plaintiffs’ oral motion for

leave to issue a subpoena upon Nathaniel Shaw is GRANTED.

IT IS FURTHER ORDERED that Plaintiffs’ oral motion for

leave to conduct telephone interviews of students at the

Philadelphia College for Osteopathic Medicine is GRANTED, subject

to the parties first entering into a confidentiality agreement.

AND IT IS SO ORDERED.

 S/Eduardo C. Robreno 

EDUARDO C. ROBRENO, J.